Continued.

LOZON v. McKAY, 203 Mich. 364.

(a) Statement of Fact.

(b) Bill of Complaint.

(c) Defendant's Answer.

(d) Brief for Plaintiff.

(e) Brief for Defendant.

(f) Holding of Court. HUBBELL v. OHLER, 213 Mich. 664.

(a) Brief Statement of Fact.

(b) Bill of Complaint.

(c) Answer to Bill.

(d) Answer of Plaintiff to the Cross-Bill of Defendants.

(e) The Contract Involved-"Exhibit B".

(f) Transfer of the Contract to Plaintiff Hubbell-"Exhibit "C".

(g) Notice of Forfeiture-"Exhibit "A", (h) Decree.

(i) Brief of Counsel, John M. Dunham, for Plaintiff, (j) Brief of Counsel, Ellis & Ellis, and Clark H. Gleason, for Defendant. LOZON v. McKAY, 203 Mich. 364.

(a) Plaintiff filed Bill of Complaint, praying for specific performance of a land contract. As will appear from the Bill of Complaint no mention is made to relief for forfeiture, but the court decreed that specific performance would not be granted but would consider the Bill as amended so as to ask for relief from forfeiture.

(b) Bill of Complaint.- (Caption.) Complaining, the plaintiffs herein, Archie Lozon and Alice Lozon, husband and wife, respectively, represent unto the court:

I. That on to-wit the 4th day of April, A. D. 1914, they entered into a contract in writing, which contract was in duplicate, with Ephriam Roe and Cora M. Roe and Jessie O. Roe and Bannie Roe and Ernest Roe, for the purchase of a piece or parcel of land situate in the Township of Mills, Ogemaw County, Michigan, and described as the north half (N. i) of the northeast quarter (N. E. 1/4) of section eleven (11), township twenty-one (21) north of range three (3) east, containing eighty (80) acres of land as shown by the return of the surveyor general, upon the terms and conditions and in tenor, substance and effect as follows:

This contract, made in duplicate this 4th day of April, 1914, between Ephriam Roe and Cora M. Roe, and Jessie O. Roe and Bannie Roe and Ernest Roe, party of the first part, and Archie Lozon and Alice Lozon, his wife, of Bay City, Michigan, party of the second part.

Witnesseth: That said party for and in consideration of the sum of eighteen hundred and fifty ($1850.00) dollars, to be to it duly paid as herein specified, hereby agree to sell and convey to said party of the second part, subject to reservations herein contained, all the following described lands situated in the Township of Mills, County of Ogemaw, State of Michigan, to-wit:

The north half (N. 1/2) of the northeast quarter (N. E. 1/4) of section eleven (11), township twenty-one (21), north of range three (3) east, containing eighty (80) acres, according to the return of the surveyor general. Which said sum the said party of the second part agrees to pay to said party of the first part at its office as follows:

Ten hundred and fifty ($1050) dollars at the date hereof and the balance of eight hundred ($800) dollars as follows: Two hundred ($200) dollars on April 4th, 1916, and one hundred ($100) dollars on April 4th, 1917, one hundred ($100) dollars on April 4th, 1918, and the balance of four hundred ($400) dollars on April 4th, 1919, with privilege of second party paying all or any part at any time hereafter, with interest on all sums at any time unpaid hereon at the rate of six per cent (6%) per annum, payable semi-annually. Said parties of the second part also agree to pay in due season all taxes and assessments extraordinary as well as ordinary that shall be taxed or assessed on said land, including the taxes thereon for the year 1914.

It is agreed by the parties hereto that the party of the first part of receiving payments in full of the said principal and interest at the times and in the manner above mentioned and of all other sums chargeable in its favor hereon, shall and will at its own proper cost and expense, execute and deliver to said party of the second part a good and sufficient warranty deed and abstract of said above described land, free and clear of and from all liens and encumbrances, except such as may have accrued on said land subsequent to the date hereof by or through the acts of negligence of the parties of the second part.

It is also mutually understood that this contract contains all the representations and agreements.

It is also agreed by the parties hereto that the parties of the second part shall have possession of said land under this contract on the delivery hereof.

It is also agreed by the parties hereto that if the said party of the second part shall fail to perform this contract or any part of the same and shall remain in arrears for thirty (30) days after notice to said second parties given by a letter addressed to said second parties at the address herein, that thereupon said first party shall have the right to declare this contract void and to retain all moneys which may have been paid hereon, and the improvements which may have been placed on said land, as stipulated damages for the non-performance of this contract and as a reasonable rental for said land, and may consider and treat said parties of the second part as its tenant, holding over without permission, and may take immediate possession of said land and remove said parties of the second part therefrom. And it is agreed that the stipulations herein contained are to apply to and bind the heirs, execu tors, administrators and assigns of the respective parties hereto.

In witness whereof, the parties hereto have hereunto, and to a duplicate hereof, set their hands and seals the day and year first above written.

Ephriam Roe and Cora M. Roe,

Jesse Roe, Bannie Roe,

Ernest Roe,

Archie Lozon,

Alice Lozon.

Signed, esaled and delivered in the presence of: S. R. Turner, W. H. Richardson.

Duplicate of such contract being now in possession of plaintiffs, when produced and proved as this court shall direct, will fully appear, and whereto reference is prayed.